What Evidence Should Ningbo Domestic Violence Divorce Collect

If you want to divorce because of domestic violence, it is not enough to say "he beat me". The court needs to look at the evidence. Many victims took a long time to defend their rights. As a result, the injuries were gone, the records were scattered, and the most critical opportunity was missed.

The legal definition of 1. domestic violence

domestic violence refers to the physical and mental violations committed by family members by beating, binding, mutilating, restricting personal freedom, and frequent verbal abuse and intimidation. It is not only the legal cause of divorce, but also can support damages.

Mental violence counts.

Frequent abuse, intimidation, stalking harassment and other mental violations are also included in the category of domestic violence. Do not think that "no hands" does not constitute, and that persistent spiritual oppression is also regulated.

2. the first alarm

in case of domestic violence, the police should report to the police as soon as possible, and the police can make a record, issue a warning letter, and assist in the disposal of the injury. The alarm record is one of the most direct and authoritative evidences, and it can also serve as a deterrent and a fixed time.

1. The warning book is critical

if the circumstances of domestic violence are relatively minor, the public security organ may issue a warning letter on domestic violence. It clearly documents the facts of violence and is a strong evidence of subsequent divorce proceedings and the application for a personal safety protection order.

2. Personal safety protection orders can be applied simultaneously

in addition to reporting to the police, those who encounter domestic violence or face real danger can also apply to the court for a personal safety protection order. The court generally makes a ruling within 72 hours and within 24 hours of emergency. The protection order can prohibit the other party from committing violence, harassment, or stalking, and if necessary, order to move out of the residence. The validity period does not exceed 6 months. Before the expiration, it can apply for revocation, change or extension.

3. injury identification and medical treatment

after the injury, go to the hospital as soon as possible, explain the cause of the injury, and keep the medical record, examination report and injury photo. If necessary, apply for an injury appraisal and fix the link between "injury" and "being beaten.

Don't wait for the injury to heal before obtaining evidence.

The injury subsided over time, and the photographs showed a decline in strength after healing. The sooner you leave the evidence, the more you can restore the situation at that time. Delay will weaken the originally solid evidence chain.

4. a variety of evidence corroborating each other

single evidence is easy to be questioned and should be combined: alarm records, warning letters, injury identification, medical treatment records, on-site photos, chat threat records, witness testimony, women's Federation help-seeking records, etc. to form a closed loop.

Single evidence is difficult to support the determination

domestic violence mostly occurs in private spaces, and it is difficult for solitary evidence to meet the criteria for identification. The safe combination is: alarm receipt set time, medical treatment record set injury condition, warning letter set nature, chat record set self-admission, witness testimony set environment. If the five categories can make up three or more categories and confirm each other, the probability of identification is greatly increased. It is better to number books in chronological order when sorting out than to submit them piecemeal.

5. six types of evidence of the time limit varies greatly

the receipt of the alarm, the record of the police dispatch, and the warning letter from the public security organ are the two types with the strongest probative force, and can be applied for retrieval afterwards; the requirements for injury identification and medical records are the most stringent. It is recommended to seek medical treatment within 24 hours after the injury and truthfully explain the cause. After 72 hours, the scar subsided, and the difficulty of identification increased significantly.

The other three categories are video and audio recordings, witness testimony, written repentance or chat records. The original carrier should be kept for video recording, not just clips. Witnesses are more neutral with the testimony of neighbors, property and community workers. Apology messages and written guarantees sent by the other party afterwards are often of self-admission nature and of high value. It is necessary to take screenshots and fix the time stamp in the first place.

6. case proof

in practice, the woman reported to the police three times for domestic violence within two years, and the public security organ issued a warning letter, which cooperated with the medical records and the injury appraisal opinions that constituted minor injuries. The fact of domestic violence in divorce proceedings was confirmed, and the court ruled to grant the divorce and ordered the man to pay damages of 20000 yuan, which fell within the common range of 50

00yuan to 50000 yuan in similar cases.

In practice, the injured party claimed to have suffered long-term domestic violence only by oral statements, without reporting to the police, medical treatment, injury records, and no witnesses or video evidence. The other party completely denied that the court did not recognize domestic violence due to insufficient evidence, and the claim for damages was not supported. The divorce was granted only on the grounds that the relationship between husband and wife had indeed broken down.

7. Risk Alert

• only verbally said he was beaten, without any written record.
• Wait until the injury is healed before taking pictures, which proves that the force has dropped.
• I don't know how to apply for a warning and a personal safety protection order.
• The evidence is fragmented and cannot be corroborated by each other.
• It took years of forbearance to defend the rights, and the early traces are gone.

8. FAQ

does domestic violence count as cursing but not fighting?

Calculate. Frequent abuse, intimidation and other mental violations are also domestic violence.

What's the use of calling the police?

Alarm records and warning letters are the most direct evidence, and can also deter and fix time, which is conducive to subsequent rights protection.

Can you identify domestic violence without injury?

Difficult. Should try to see a doctor to keep records, do injury identification, the injury and behavior related fixed.

How do you combine the evidence?

Alarm, warning, injury, medical treatment, photos, chat, witnesses and other mutual confirmation to form the most stable closed loop.

Only abuse and long-term cold violence, domestic violence?

Regular abuse, intimidation and other mental abuse are legal forms of domestic violence and can be claimed. The focus of evidence collection is continuity and frequency. It is suggested to keep recording, chat records and cooperate with mental state diagnosis materials for medical treatment. Simple coldness and non-communication are difficult to be identified separately.

After domestic violence is identified, how much is the general award for damages?

Similar cases are mostly in the range of 5000 yuan to 50000 yuan. The court will make a comprehensive decision on the duration of violence, the degree of injury, the need for long-term treatment and the financial ability of the wrong party. If it causes disability or requires continuous treatment, it may also claim medical expenses, nursing expenses and other actual losses.

Practical Experience of 9. Lawyers

if you want to divorce because of domestic violence, it is not enough to just say "he beat me". The court needs to look at the evidence, and the most important thing is often the initial mark. Judging from the experience of handling cases, the parties concerned are most likely to make the two mistakes of "forbearance" and "waiting": they endure not to call the police and wait until the injury is serious enough to deal with them. As a result, there is no record of the first violence, and the most basic puzzle is missing to prove repeated violence. The correct way is to treat it as an "incident that needs to be marked" from the first time: call the police on the spot, ask for a receipt of the police, request a warning letter, go to a regular hospital on the same day and write down the cause of the injury in the medical record, and back up the photos and bills to the cloud or send them to trusted relatives and friends.

Evidence collection should be combined and time-limited. Domestic violence mostly occurs in private space, and isolated evidence is difficult to be accepted. It is safe to string several types of evidence into a closed loop: the time of alarm receipt, the injury condition of medical treatment record, the nature of warning letter, the self-admission of threat record in chat, and the testimony of relatives, friends and neighbors. If you can get together more than three categories and confirm each other, the probability of identification will be significantly increased. It should be noted that the "shelf life" of different evidences is different-the injury will subside and the probative power of the photos will decrease with time, so the earlier the fixation, the better. It is much clearer than scattered submission and more convenient for investigators to focus on the key points.

Safety always takes precedence over evidence. When the scene is in immediate danger, evacuate first and then ask for help. Don't stay in danger in order to photograph the violence. In addition to divorce, domestic violence itself is an important card: it is related to whether a divorce can be awarded at one time, whether damages can be claimed, and to whom custody is more likely to be awarded; If necessary, you can apply for a personal safety protection order at the same time, and you can apply within marriage without waiting for divorce to be filed. When negotiating, the abusive party who cares about work is often most afraid of the consequences of protective orders and police records, which can be used to push them to make concessions on divorce and property. Do not accept the suggestion of "apologizing in private and not calling the police" and destroy the records already obtained, which is tantamount to cutting off the road.